The holiday season often brings an influx of seasonal hires for many Miami businesses. Seasonal employment contracts come with unique considerations and potential pitfalls, making it essential to understand your legal obligations. Here are some important factors to consider when managing seasonal employees:
1. Drafting Clear Employment Contracts
- Seasonal employees, like regular employees, should have clear written contracts. Specify the nature of the employment (e.g., “at-will” or “contract-based”) and the expected employment duration.
- Include specific terms regarding the role, pay rate, work schedule, and any benefits offered. It’s also wise to clarify the end date of employment and any conditions that might lead to early termination.
2. Wage and Hour Compliance
- Florida law requires you to pay employees at least the state minimum wage, which will increase in 2025 as part of Florida’s gradual minimum wage increase.
- Be mindful of overtime laws, particularly if seasonal employees are working extended hours. Non-exempt seasonal employees are generally entitled to overtime pay, so ensure your payroll system is accurately tracking hours.
3. Anti-Discrimination and Harassment Policies
- Seasonal employees are entitled to the same workplace protections as permanent staff. Make sure seasonal hires are familiar with your company’s anti-harassment and discrimination policies and provide training where applicable.
- Having a zero-tolerance policy for harassment and discrimination helps create a safe and welcoming environment for all employees, including those hired temporarily.
4. Benefits and Compensation Policies
- While many businesses may not provide full benefits for seasonal employees, be clear in your contract about what is and isn’t covered, such as health insurance, paid time off, or retirement contributions.
- Certain legally mandated benefits, such as workers’ compensation, still apply to seasonal hires, so verify that they’re covered under your policy.
5. Health and Safety Requirements
- Ensure seasonal employees receive appropriate health and safety training. The holiday rush can bring increased workplace hazards, so emphasize best practices and emergency protocols.
- Especially for Miami’s outdoor and service-related businesses, make sure seasonal workers understand any relevant safety guidelines to prevent injuries or accidents.
6. Ending Employment: Wrapping Up the Season
- When the season concludes, provide seasonal employees with adequate notice of their end date. Conduct a final performance review if desired, and document the end of their employment in writing.
- If the potential exists for re-hiring seasonal employees, keep their records on file and maintain a positive parting process that leaves the door open for future employment.
For Miami business owners, seasonal hiring provides flexibility during busy periods, but compliance is key to avoid legal issues. The South Florida Business Law Group can assist in creating compliant, clear seasonal contracts and help you manage your workforce effectively during the holiday season.
